Decree No. 06/2013/ND-CP dated January 9, 2013 of the Government on security of agencies and enterprises

THE GOVERNMENT

Decree No. 06/2013/ND-CP of January 9, 2013, on security of agencies and enterprises

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 3, 2004 Law on National Security;

At the proposal of the Minister of Public Security,

The Government promulgates the Decree on security of agencies and enterprises.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree defines the functions, tasks, powers, organization and operation of, and regimes and policies for, security forces at state agencies, enterprises, political organizations, socio-political organizations, socio-political-professional organizations, socio-professional organizations and social organizations, which are established under Vietnamese law (below referred to as agencies and enterprises).

Article 2. Subjects of application

This Decree applies to Vietnamese agencies and enterprises; foreign enterprises and organizations operating in the territory of the Socialist Republic of Vietnam; and agencies, organizations and individuals involved in the security of agencies and enterprises. Agencies and enterprises managed by the People’s Public Security or the People’s Army are not governed by this Decree.

When treaties to which Vietnam is a contracting party otherwise provide, those treaties prevail.

Article 3. Principles of organization and operation of security forces of agencies and enterprises

1. The security organization of an agency or enterprise is established under the decision of the head of that agency or enterprise; submits to the direction and administration of the agency or enterprise head and the professional security guidance and inspection by public security agencies.

2. The organization and operation of the security force of an agency or enterprise must comply with this Decree and other related laws. All acts of taking advantage of the name of agency or enterprise security to commit illegal acts, infringing upon the rights and legitimate interests of organizations or individuals, are prohibited.

Article 4. Security operations

1. Security operations are integrated professional measures equipped for the security force to ensure security, order and safety of an agency or enterprise. Professional security measures include:

a/ Administrative measures;

b/ Mass measures;

c/ Patrol and guard measures.

2. The Ministry of Public Security shall specifically provide the professional measures specified in Clause 1 of this Article.

Article 5. Professional security training

Provincial or equivalent-level Public Security Departments shall provide and grant certificates of professional security training and retraining.

Article 6. Criteria of security guard

Being a Vietnamese citizen aged full 18 years or older; possessing a clear life record; having good political and moral qualities; graduating upper secondary school or higher (or lower secondary school or higher, for those in mountainous, border, island, deep-lying and remote areas); having full civil act capacity and good health meeting requirements of security work. To prioritize the recruitment of persons having worked in the People’s Public Security or the People’s Army forces.

Article 7. Responsibilities of heads and employees of agencies and enterprises

1. Responsibilities of the head of a state agency or enterprise or political organization:

a/  To take full responsibility for the security and order and property safety of his/her agency or enterprise; to direct the formulation of the security plan and internal security regulations of his/her agency or organization and organize and inspect their implementation; to direct the security force of his/her agency or enterprise to regularly coordinate with the local public security force and administration in deploying the security plan and scheme; to build the security force of his/her agency or enterprise clean, steady and strong;

b/ Based on the requirements, nature and size of his/her agency or enterprise, to decide on the appropriate organizational form of the security force; to ensure physical foundations, working places, equipment and professional devices for the operation of the security force;

c/ To assume prime responsibility for, and coordinate with competent public security offices in, providing professional training and retraining for the security forces; to organize the implementation of the Ministry of Public Security’s documents directing and guiding professional operations for assurance of security and order at the agency or enterprise.

2. Heads of state budget-funded organizations or units may not hire regular and permanent security services (except a number of domains prescribed by the Ministry of Public Security). When necessary to mobilize forces and means to ensure security, order and safety for conferences or seminars or in other necessary cases, they may hire services of security service providers on a case-by-case or seasonal basis.

3. Heads of other agencies and enterprises shall perform the responsibilities specified at Points a, b and c, Clause 1 of this Article and Clause 2, Article 11 of this Decree.

4. Employees of agencies and enterprises shall participate in building, assisting and creating favorable conditions for the security forces to perform their tasks.

Article 8. Responsibilities of the Ministry of Public Security

1. To prescribe the coordination with agencies and enterprises in managing and inspecting the performance of security tasks at agencies and enterprises.

2. To prescribe contents of professional security training, form of security guard certificate, model uniform, badge and signboard of the security force of agencies and enterprises.

3. To direct and guide professional operations for the security force of agencies and enterprises.

Chapter II

FUNCTIONS, TASKS, POWERS AND ORGANIZATION OF SECURITY FORCES OF AGENCIES AND ENTERPRISES

Article 9. Functions of security forces of agencies and enterprises

1. To advise party committees and leaders of agencies and enterprises in formulating and organizing the implementation of plans and internal regulations on security; to ensure security, order and safety of agencies and enterprises; to realize the security requirements under the direction and guidance of competent public security offices.

2. To perform the requirements, tasks and measures for security, order and safety of agencies and enterprises.

Article 10. Tasks of security forces of agencies and enterprises

1. The security forces of state agencies, enterprises or political organizations have the tasks:

a/ To apply professional measures in accordance with law and guide security operations of the public security forces in order to prevent, detect and stop violations of law and internal regulations on security of their agencies or enterprises; to promptly propose handling measures to heads of their agencies or enterprises;

b/ To directly control persons entering and leaving their agencies or enterprises. Upon the occurrence of incidents or cases related to security, order and safety of their agencies or enterprises, to preserve the scenes, protect property of agencies or enterprises, rescue victims, arrest criminals caught red-handed and immediately report thereon to the nearest public security office;

c/ To implement regulations on fire prevention and fighting and public order maintenance;

d/ To act as the core in the movement “All people protect security of the Fatherland” in their agencies or enterprises; to build their agencies or enterprises safe;

e/ To coordinate with public security offices of communes, wards or townships where their agencies or enterprises are based in grasping the situation, ensuring security, order and safety of their agencies or enterprises; to propose the heads of their agencies or enterprises to formulate internal regulations on security of their agencies or enterprises and plans and measures to prevent and fight crimes and other violations of law in their agencies or enterprises.

f/ To implement regulations on management of rudimentary weapons, supporting instruments, explosives, inflammable substances and toxics (if any); to assist heads of their agencies or enterprises in coordinating with public security offices in the management and education of persons with criminal records and persons having completely served other administrative handling measures, who are working at their agencies or enterprises;

g/ To coordinate with mass organizations in their agencies or enterprises in law propagation and dissemination, aiming to raise every person’s sense of vigilance; to guide mass organizations in the protection of security, order and safety in their agencies or enterprises;

h/ To perform other specific tasks assigned by the heads of their agencies or enterprises to protect their agencies or enterprises in accordance with law.

2. The security forces of other agencies and enterprises shall perform the tasks specified at Points a, b, c, d, e, g and h, Clause 1 of this Article.

Article 11. Powers of security forces of agencies and enterprises

1. The security forces of state agencies and enterprises and political organizations have the following powers:

a/ To examine and urge sections, units and employees of their agencies or enterprises to observe the law on security and order and internal regulations on security of their agencies or enterprises;

b/ While on duty, to check papers, commodities and vehicles entering and leaving their agencies or enterprises, if there are signs of violations of law or internal regulations of their agencies or enterprises;

c/ To verify cases or incidents taking place in their agencies or enterprises according to competence assigned by their agency or enterprise heads or at the request of competent public security offices;

d/ To decline the implementation of illegal requests when performing security tasks and report such to functional bodies for handling in accordance with law.

2. The security forces of other agencies or enterprises may exercise the powers specified at Points b, c and d, Clause 1 of this Article.

Article 12. Organization of security forces of agencies and enterprises

1. The security forces at state agencies and enterprises and political organizations are under the organizational systems of those agencies and enterprises; depending on their requirements, sizes and nature, agencies or enterprises may establish security sections, boards, teams or groups.

2. The Boards of Directors, Members’ Councils or heads of other agencies or enterprises may decide on the establishment or non-establishment of security forces at their agencies or enterprises in a form suitable to the requirements, sizes and nature of their agencies or enterprises.

Chapter III

REGIMES, POLICIES, EQUIPMENT, DEVICES AND FUNDS FOR THE OPERATION OF SECURITY FORCES OF AGENCIES AND ENTERPRISES

Article 13. Regimes and policies applicable to security staff of state agencies and enterprises and political organizations

1. Security guards, who complete their probation and are evaluated as qualified, may be considered for recruitment, enjoy wages and benefits, regimes and policies in accordance with law.

2. While performing their tasks, if being injured or dying, they may be considered and recognized for enjoyment of regimes applicable to war invalids and martyrs and other forms of commendation in accordance with the law on preferential treatment for persons with meritorious services to the revolution and the law on emulation and commendation.

Article 14. Regimes and policies for security staff of other agencies or enterprises

The regimes and policies for security staff of other agencies or enterprises shall be decided by the Boards of Directors, the Members’ Councils or heads of their agencies or enterprises through labor contracts in accordance with law.

Article 15. Equipment and devices for security forces of agencies and enterprises

1. Security forces of agencies and enterprises may receive uniforms and equipment and may use rudimentary weapons and supporting instruments in accordance with law.

2. Security forces of agencies and enterprises may obtain certificates, signboards, title bands and other necessary devices for security work under regulations.

3. The Ministry of Public Security shall prescribe and guide in detail equipment and devices for security forces of agencies and enterprises under this Article and management of these equipment and devices.

Article 16. Funds for operation of security forces of agencies and enterprises

1. Funds for the operation of security forces of agencies and organizations shall be included in the funds for regular operations of those agencies and organizations.

2. Funds for the operation of security forces of enterprises may be accounted as management expenses of enterprises.

3. Lawful donations and supports of organizations and individuals.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 17. Effect

1. This Decree takes effect on March 1, 2013, and replaces Decree No. 73/2001/ND-CP of October 5, 2001, on operation and organization of security forces of agencies and enterprises.

2. Agencies and enterprises that may not hire regular and permanent security services under this Decree but have actually signed security service contracts must strictly comply with this Decree when these contracts expire.

Article 18. Implementation responsibilities

1. The Minister of Public Security shall guide in detail the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG